Miles Witt Partnership

[2014] FWCA 8450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Miles Witt Partnership
(AG2014/8222)

NANYIMA AGED CARE NURSES ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 27 NOVEMBER 2014

Application for approval of the Nanyima Aged Care Nurses Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Nanyima Aged Care Nurses Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nanyima Aged Care Inc. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Queensland Nurses’ Union of Employees being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Miles Witt Partnership, an enterprise agreement application by the Nanyima Aged Care Nurses Enterprise Agreement 2014, was heard in the Fair Work Commission. The application was brought by the respondents, who were seeking to have the agreement approved under the Fair Work Act 2009. The applicants, Miles Witt Partnership, contested the application on several grounds, including that the agreement was not sufficiently representative of the workforce and that certain provisions did not meet the requirements of the Act.

The legal issues before the Commission were whether the agreement was appropriately certified and whether the application met the criteria set out in the Fair Work Act. The Commission had to determine if the application was made in good faith, if the agreement was sufficiently representative of the workforce, and if the agreement met the requirements of the Act, including provisions on minimum rates of pay, classification, and other employment conditions.

The Commission found that the application was made in good faith and that the agreement was sufficiently representative of the workforce. The Commission also found that the agreement met the requirements of the Act, including the provisions on minimum rates of pay, classification, and other employment conditions. The Commission approved the application and certified the agreement, finding that it provided for fair and efficient workplace relations and met the criteria set out in the Fair Work Act.

The Commission ordered that the Nanyima Aged Care Nurses Enterprise Agreement 2014 be certified as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was to be registered by the Registrar of the Fair Work Commission and would apply to the employees covered by the agreement. The decision was binding on all parties covered by the agreement, and the agreement would remain in force until it was varied or terminated in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established